Judge reserves ruling in donkey sex case

A Marion County judge reserved ruling Wednesday on a motion to declare a Florida statute banning sexual activities with animals unconstitutional.

By Vishal PersaudStaff writer

A Marion County judge reserved ruling Wednesday on a motion to declare a Florida statute banning sexual activities with animals unconstitutional.The motion was filed in the case of Carlos R. Romero, 32, who is accused of sexual activities with animals, a first-degree misdemeanor, after he was allegedly found in a sexually compromising position with a miniature donkey named Doodle.Romero's attorneys filed the motion Dec. 6 asking that the case be dismissed because the relevant statute infringes upon his due process rights and is a violation of the equal protection clause of the 14th Amendment in the U.S. Constitution.The possible year in county jail Romero faces if convicted of the charge is also cruel and unusual punishment, the attorneys argued.On Wednesday, Assistant Public Defender Joshua Wyatt, one of the attorneys handling the case, added a fourth reason why the statute was unconstitutional: "The statute should be void for vagueness," Wyatt said.Wyatt said the statute wasn't specific enough to determine what harm or injury to the animal would constitute a first-degree or second-degree misdemeanor. Other than that one addendum, Wyatt said, the motion "speaks for itself."Assistant State Attorney Hillary Musselman argued that when the state Legislature enacted the statute, they took into consideration several studies linking bestiality to possible violent behavior. The studies also brought up issues of health, welfare and safety that she said served a legitimate interest to the state to protect.She also said a year in jail is not cruel and unusual punishment.Romero previously rejected the state's plea offer of a year of probation, a $200 fine, a psychosexual evaluation and possible treatment, STD testing, no contact with children in a school setting, no ownership or possession of any mammals, and revocation of his license to work in horse racing.In court Wednesday, Romero sat quietly at the defense table before the hearing began.County Judge Steven Rogers said he would try to make a ruling as soon as possible before next Monday, when jury selection for the trial is scheduled to begin.Rogers told Romero that his case could be dismissed if he decides to grant the motion, but if he denies it, it will go to trial. There will be no plea negotiations the day of jury selection, Rogers said. But until then, the plea offer is still on the table. If Romero decides not to take it, he faces a maximum punishment of up to a year in jail.In a brief moment of candor, Rogers told Romero what he thought of the state's offer: "I thought that it was a good offer," he said.Contact Vishal Persaud at (352) 867-4065, vishal.persaud@starbanner.com or on Twitter @vishalpersaud.